[2022] KEHC 10063 (KLR)
The court held that since the respondent did not dispute the retainer or the amount taxed, and in light of section 51(2) of the Advocates Act which provides that a certificate of taxation is final unless set aside, the applicant was entitled to judgment for the taxed amount. The absence of any challenge or response...
Source-derived case information.
- Citation
- [2022] KEHC 10063 (KLR)
- Parties
- Applicant: Ngaywa Ngingi & Kibet Advocates; Respondent: Invesco Assurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 1 of 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
- Judges
- J Wakiaga
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ngaywa Ngingi & Kibet Advocates
Applicant
Invesco Assurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the taxing officer.
- 2 Whether the respondent has disputed the retainer or the amount taxed.
Ratio Decidendi
The court held that since the respondent did not dispute the retainer or the amount taxed, and in light of section 51(2) of the Advocates Act which provides that a certificate of taxation is final unless set aside, the applicant was entitled to judgment for the taxed amount. The absence of any challenge or response from the respondent meant the statutory threshold for entry of judgment had been met. Accordingly, judgment was entered for the applicant for the taxed sum, with interest and costs of the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
Orders
- Judgment is entered for the applicant for KES 165,405 being the taxed amount.
- The applicant is awarded interest on the taxed amount as prayed.
Full Case Text
Judgment text and source record
23 paragraphs
Ngaywa Ngingi & Kibet Advocates v Invesco Assurance Co Ltd (Miscellaneous Civil Application 1 of 2020) [2022] KEHC 10063 (KLR) (20 July 2022) (Ruling)
Neutral citation: [2022] KEHC 10063 (KLR)
Republic of Kenya
In the High Court at Murang'a
Miscellaneous Civil Application 1 of 2020
J Wakiaga, J
July 20, 2022
Between
Ngaywa Ngingi & Kibet Advocates
Applicant
and
Invesco Assurance Co Ltd
Respondent
Ruling
1. By a Notice of Motion dated July 19, 2021 under section 51(2) of the Advocates Act, the applicant moved the court for an order that judgement be entered against the respondent for the sum of kenya shillings one hundred and sixty-nine thousand, four hundred and five (kshs 165405) being the certified cost due.
2. It was supported by the grounds that the advocate –client cost was taxed at the sad sum and that there was no dispute that the respondent had retained the applicant as their advocate and despite the said taxation the same had b] neglected and or refused to settle the taxed amount.
3. It was supported by the annexed affidavit of Joseph N Ngugi in which it was deposed that the applicant represented the respondent’s insured in Kigumo Srmc no 18 Of 2015 Samson Mutwiri Kijogi Vs Paul Muthama & Kamau Christopher, and upon the respondent failing to pay the legal fee, the same was taxed at the amount claimed herein.
4. It was contended that the applicant was instructed through a letter dated April 20, 2016 and that the certificate of taxation thereon was issued on August 27, 2020.
5. The respondent though served did not file any response to the application and did not attend the hearing thereof.
Determination 6. Section 51(2) of the Advocates Act provides that the certificate of taxing officer shall be final as to the amount of cost covered thereby unless set aside and the court in cases where the retainer is not disputed shall make an order that judgement be entered for the taxed amount.
7. In this matter, the respondent has not challenged the retainer and has not disputed the taxed amount and therefore the applicant has passed the set standard for the grant of the orders sought.
8. I therefore find merit on the application herein and enter judgement for the applicant for the sum of kshs 165,405/= being the taxed amount together with interest thereon as prayed for together with cost of the application and it is ordered.
DATED SIGNED AND DELIVERED AT MURANGA THIS 20th DAY OF JULY 2022J WAKIAGAJUDGEIn the presence of;-Court assistant: Carol Mutahi